Legal

TERMS OF USE

Please read these Hitachi Construction Machinery Australia Terms of Use carefully prior to using this website. By accessing or using this website, application or other Hitachi Construction Machinery Australia product and service (collectively, “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered user of Hitachi Construction Machinery Australia.

Hitachi Construction Machinery Australia may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

Intellectual Property

All intellectual property on the Platform is owned by Hitachi Construction Machinery Australia or its licensors, which include materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Hitachi Construction Machinery Australia. All content on this Platform including, but not limited to, text , software, scripts, code, designs, graphics, photos, sounds, videos, applications, interface features and all other content (“Content”) is a collective work under Australian and other copyright laws and is proprietary property of Hitachi Construction Machinery Australia; All Rights Reserved.

Platform Use Restrictions

You agree not to change or delete any ownership notices from materials downloaded or printed from this Platform. You agree not to modify, change, translate, broadcast, display, distribute, frame, reproduce, republish or sell any Intellectual Property or Content appearing on this Platform without Hitachi Construction Machinery Australia’s prior written consent.

You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Links

The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Hitachi Construction Machinery Australia does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Hitachi Construction Machinery Australia is not responsible for the content or policies of the Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The Platform contains services and features that are available on certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Hitachi Construction Machinery Australia’s mobile services, you agree that that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.

Indemnification

You agree to indemnify, defend and hold harmless Hitachi Construction Machinery Australia, its affiliates, officers, directors, employees, agents, licensors and suppliers, from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees, arising from or relating in any way to your use of Content, your use of the Platform, your conduct in connection with the Platform, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

Limitations of Liability

Hitachi Construction Machinery Australia shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data that result from the use of, or the inability to use this Platform.

Severability

If any provision in these Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provisions in these Terms of Use are deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Disclaimer

Materials on this Platform may unintentionally include inaccuracies. These materials as provided “As Is” without warranty of any kind, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any third party’s rights of any kind. In no event will Hitachi Construction Machinery Australia be held liable for any special, indirect or consequential damages whatsoever or any damages, whether in contract, tort or otherwise arising out of or in connection with the use of the materials herein. These materials are subject to change at any time without notice.